In an age where issues of nationality and immigration are ever more at the forefront of public discourse, Italy is not an exception. The Italian Parliament is discussing a new draft law since January 24th, 2024, proposing changes that could affect those of Italian descent seeking to reclaim their heritage through citizenship. This article delves into the proposed legislation, with special emphasis on its impact on third-degree descendants and beyond.
For amendments to the law regarding Italian citizenship applications for former Italian citizens, please check the information here.
The legal text explained
The draft law introduces specific criteria that will require demonstrating a close connection to Italy. For the 1st, 2nd and 3rd degree descendants, this means proficiency in the Italian language at the B1 level. Those beyond the third degree will have an additional requirement: a one-year residency in Italy.
The language of the law
“The right to Italian citizenship is recognized to individuals who demonstrate straight-line ascendancy up to the third degree of Italian citizens, born or resident in Italy. The applicant must satisfy the provisions of article 9.1 (of the Italian Nationality Act) for knowledge of the Italian language.
For citizenship claims beyond the third degree, continuous residency in Italy for at least one year is required.”
Source: Bill no. 752 presented to the Senate of the Italian Republic on 7 June 2023, Article 2
Family Degrees 101: Know Your Rank
Understanding your eligibility under this new draft law necessitates a detailed grasp of Italian kinship degrees. Here’s a breakdown:
Rank 0: Original Italian Ancestor (e.g., Mario)
Rank 1: Child of Original Ancestor (e.g., Luca, son of Mario)
Rank 2: Grandchild of Original Ancestor (e.g., Serena, daughter of Luca)
Rank 3: Great-Grandchild of Original Ancestor (e.g., Anna, daughter of Serena)
Rank 4: Great-Great-Grandchild of Original Ancestor (e.g., Silvia, daughter of Anna)
Rank 5: Great-Great-Great-Grandchild of Original Ancestor (e.g., Giovanni, son of Silvia)
With these rankings in mind, here is how the new draft law would apply:
Ranks 0-3: Eligible for citizenship by merely demonstrating Italian language proficiency at the B1 level.
Ranks 4 and beyond: Must not only prove language proficiency but also complete a year’s residency in Italy.
By having this clear understanding of kinship degrees, you can more precisely assess your position and the steps you need to take.
Language proficiency level
The B1 level signifies that an individual can grasp the essential ideas of clear, standard texts on familiar subjects related to work, academics, or leisure activities. Moreover, a B1-level speaker is equipped to handle most situations likely encountered during travel in regions where the language is spoken. This level is set by the European international standard called Common European Framework of Reference for Languages (CEFR).
For more information about the B1 language certificate requirement, please read here.
Residency
The proposed law mandates that applicants who are more than 3 generations removed from their Italian ancestor must live in Italy to be eligible for citizenship. Specifically, a great-great-grandchild of an Italian must reside in Italy for one year at the time of their application. In practice, if your Italian-born ancestors left Italy in the early 1900s and you were born in the 1980s or later, there’s a very good chance the you fall into this category.
As a non-EU national, you would need to
- Get a visa to enter Italy for long-term residence, like to any other foreign national. Obtaining such visas—whether for work, study, or residency—is usually a lengthy and complicated process;
- Once in Italy, another long procedure is required to get a permission to stay with the immigration police;
- Only once you receive a residence permit, you would be able to register your residence with the the local municipality starting the one-year residency needed for citizenship application.
Considering these stringent requirements, realistically, those who would stand a substantial chance of obtaining citizenship through this path would be only EU citizens or non-EU nationals with direct family in Italy who can bypass general visa requirements.
Will This Bill Pass?
The draft law enjoys substantial backing, notably from the Fratelli d’Italia party currently in power. Given this landscape, the bill has a significant likelihood of becoming law. Yet, the journey from draft to law involves several stages, with opportunities for amendments by members of both the legislative chambers, the Senate and the Chamber of Deputies. Consequently, the final version of the law could differ significantly from its original proposal, potentially introducing new restrictions, a grace period for current citizenship applicants, or it might not pass at all.
Should it be enacted, there will be potential flexibility for those who have already submitted their applications. In the legal context, those who have already submitted their application for citizenship by lineage may have avenues to argue your eligibility based on the law as it stood at the time of your birth. However, these considerations won’t apply to those who haven’t initiated their application process.
You’re welcome to read my guide here and follow the progress of the discussions in the Italian Parliament on the amendments to citizenship laws: Italian Citizenship Law: Follow Ancestry Bill Updates
How Can This New Law Affect Your Citizenship Application?
These new limitations, if approved by the Italian Parliament, will surely apply to future applications. So if you haven’t submitted you application as yet, you should hurry to make sure that you HAVE A CHANCE to be granted Italian citizenship according to the previous requirements (no language proficiency, no residence in Italy required).
It is uncertain if the new law will affect pending applications. However, if you submit your application through an Italian Court before the changes take effect, you have a good chance of avoiding its consequences. Judges have broader authority than Consulate officers and can apply key legal principles and case law to protect applicants from laws that change after their application date. Keep in mind, though, that judges may have different interpretations in each case. Additionally, the outcome heavily depends on how well your lawyer presents your case with relevant references and arguments. Hiring a specialized lawyer is crucial to maximize your chances during this uncertain time for Italian citizenship.
You’re welcome to read my best mind hacks on this subject: The Future of Italian Citizenship
Your Next Steps
If you haven’t yet started your application process, now might be the moment to act. In such evolving legal landscapes, proactivity is not just an option; it’s a strategic move.
Dive into my FREE step-by-step guide to kickstart your application, optimized to mitigate the potential effects of the incoming legislation. Read it here
Hello, I am trying to understand if my brother and I are eligible for Italian Citizenship through jure sanguinis. We are Rank 3 – both our father and grandfather were born in the US after our great-grandfather and great-grandmother emigrated to the US through Ellis Island in 1910. We are unsure if or when our great-grandfather became a US citizen.
Can you provide any insight into whether or not we are eligible for Italian Citizenship by descent?
The answer depends entirely on when your great-grandparents became U.S. citizens and the exact date of their naturalization. If your great-grandfather naturalized before September 20, 1922, your great-grandmother would automatically be considered American, and you might be eligible through your great-grandmother. To confirm, you can obtain a letter from USCIS stating that your great-grandmother never became a U.S. citizen. If neither of your great-grandparents naturalized or if they did so after your grandfather turned 21, you likely qualify for Italian dual citizenship. You are welcome to read more here and get my free Ultimate Roadmap for Italian citizenship: You may not know it, but you are an Italian citizen
Hi, i want to relocate to Italy, however my father, who is born in Italy in 1949, naturalised to Australia in 1965, when he would have been either 15 or 16 years of age, this severing my tie to citizenship by lineage. If this law is passed, will this enable me to become a dual Australian/ Italian citizen.
If you were born after 1965 and yor father forfeited his Italian citizenship with the naturalization process, the answer is no.
Your current chance to get Italian dual citizenship is by residence for 3 years, under Article 9 section 1a of the Italian Nationality act. The current bill proposed by Ms. La Marca does not cover children of Italian-born citizens who moved abroad and acquired another citizenship voluntarily before 1992. However, discussions are ongoing, and there’s potential for future amendments that could include these children, recognizing their desire for Italian dual citizenship. For updates on this matter and more about the rights of Italians worldwide, you’re welcome to subscribe for updates at this page.
I have signed up for the news letter. I would love to hear more about this specific example. My father was born in Italy but moved to Canada at a young age. In his early 20’s he Naturalised in Canada. His parents did not believe/know that he would lose his citizenship by doing this. Conversely my Dads younger brother who was born in Canada was able to get his and his sons citizenship through our Nono. Meanwhile my father, brother, and sister seem to have no path to get our citizenship.
It’s great to stay in touch, Antonio! It happened in many Italian families overseas: only part of them can actually get Italian citizenship because one of them once opted for the citizenship of the state of their residence, before Italy accepted dual citizenship (1992). Unfortunately, It is currently impossible for children and grandchildren to get recover Italian citizenhsip without moving to Italy for three years.
Hi Lara- I am in the same situation as Daniel My father came to Australia as a 23 year old in the 1950s and became an Australian citizen before I was born in Australia. In those days he had to give up his Italian citizenship. Post 1992 he was able to apply for dual citizenship so he now holds both an Italian and an Australian passport. I understood I was still unable to apply for Italian citizenship notwithstanding his dual citizenship as he only held Australian citizenship at the date I was born. Does this new Law change this? Would I be able to apply based on my grandparents’ citizenship? thank you
Unfortunately, you cannot derive Italian citizenship from your grandparents. The chain of Italian citizenship was broken before you were born because your father renounced his Italian citizenship when he became an Australian citizen. However, if you were a minor when your father regained his Italian citizenship, you might still be eligible. You are welcome to read more on this subject in my recent article Get Italian Citizenship Through Your Parents
If I initiate a case in court and during the processing the law changes. Will this affect my case?
The proposed legislation could impact current applications, even those already submitted in court. Without transitional provisions safeguarding ongoing applications, outcomes may remain unpredictable. It’s advisable to engage a proficient attorney to safeguard your application against potential legal shifts, ensuring your rights are protected according to the prevailing legal framework. Please check my recent article about how a new law may impact current applications in Court: “The Future of Italian Dual Citizenship: What Applicants Need to Know“. And you’re welcome to subscribe for updates, so that I will send you any update on this matter and on the rights of Italians in the world.
Would this law have any effect on people in a 1948 “minor case?” In other words, does this draft law resolve the conflict between Articles 7 and 12 of Law 555/1912, or does it continue to leave the resolution of that conflict up to the courts?
Thanks for reaching out, Jon! Could you please clarify your question with an example?